On January 29, the judge presiding over the Valsartan litigation, US District Judge Robert B. Kugler refused to dismiss claims of fraud brought by the consumers against the defendant manufacturers in three master complaints; similar claims against wholesalers and pharmacies, however, will be thrown out without prejudice.
In an effort to dismiss the claims that included those for fraudulent misrepresentation, fraudulent concealment and others, defendant manufacturers Teva Pharmaceuticals USA Inc., Zhejiang Huahai Pharmaceutical Co., Ltd, Hetero Drugs, Limited, Aurobindo Pharma, Ltd, Torrent Pharmaceuticals, Ltd and Mylan Pharmaceuticals argued that the consumers had not proved that the manufacturers had knowledge that the products were contaminated with carcinogens. They argued that the consumers conceded the defendants’ lack of knowledge when they claimed that had the manufacturers adhered to FDA guidelines they would have discovered any contamination of the drugs at issue.
The fraud claims brought by the consumers focus on the fact that the manufacturers misrepresented that the generic valsartan drugs were therapeutically equivalent to the approved drug and that they were properly branded. Specifically, the consumers contend that the presence of the carcinogens known as N‐nitrosodimethylamine and N‐nitrosodiethylamine in the generic equivalents rendered them non- therapeutic, a fact that was further misrepresented in promotional materials for the drugs.
The fraud claims against wholesalers and pharmacies Cardinal Health,
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